LAST UPDATED: August 23, 2020
SIP WINES TERMS OF SERVICE
Welcome to Sip Wines! Please read these Terms of Service (the “Agreement”) carefully. By using the Service (as defined below) or otherwise indicating your agreement, you are accepting and agreeing to be bound by this Agreement.
This Agreement is between you and Sip Wines Inc. (“Company” or “we” or “us”) governs your use of (including any access to) our “Sip Wines” website currently located at www.sipwines.com (together with any successor site(s), the “Site”) and any materials and services available therein (collectively, the “Service”). Please note that this Agreement hereby incorporates by reference any additional terms and conditions posted by Company through the Service, or otherwise made available to you by Company.
By using the Site or Service, you affirm that you are of legal age to enter into this Agreement.
By using the site you affirm and acknowledge that you are over the age of twenty-one (21), that the person placing the order and receiving a shipment of alcoholic beverages from the Service is over the age of twenty-one (21). Any alcoholic beverages made available in connection with the Service are intended for personal consumption only and not for resale. if you do not agree with these conditions of use, please do not use the site or service. if you intentionally or unintentionally misrepresent your age in order to purchase alcohol using the service or provide alcohol to a person under the age of twenty-one (21), we will have the right to take action against you or seek indemnification from your for any suit to which we may be subject to the full extent allowable by law.
This Agreement contains a mandatory arbitration provision that, as further set forth in Section 20 below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind.
Changes. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Service. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.
Your use of the Service following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Service; charge, modify or waive any fees required to use the Service; or offer opportunities to some or all Service users.
Jurisdictional Issues. The Service is controlled or operated (or both) from the United States, and is not intended to subject Company to any non-U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
Product Listings. The Service may make available listings, descriptions, and images of goods or services (collectively, “Products”), as well as references and links to Products. Such listings and Products are provided by the wineries that produce the wine (“ Sellers”), and not by us. Neither the availability through the Service of any listing, description, or image of a Product, nor any promotional services that we may make available to the Seller who posted such listing, description, or image, implies our endorsement of the listed Product or the Seller, or any affiliation with such Seller. We make no representations as to any Products (including as to the completeness, accuracy, or timeliness of listings, descriptions, images, features, specifications, or prices), or any Sellers. Such information and the availability of any Product are subject to change at any time without notice. We reserve the right to remove any Product listing for any reason. You must ensure that you have the necessary authority and permissions to enter into any Transaction or make any purchase of a Product.
We are not responsible or liable for any listings or Products, for any Transactions or other transfers involving Products, including the shipping or delivery of any Products or any payments for Products, or for any dispute between users relating to any such listings or Products. Please use caution and common sense when buying any Product or making payment for any Product.
Transactions. Subject to and conditioned upon you complying with all the terms of this Agreement, we may permit you to purchase certain Products through the Service from Sellers (each purchase, a “Transaction”). All Products made available for purchase through the Service are not sold or resold by Company itself but by the applicable Seller, with the Transaction being facilitated by Company on your behalf. If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. You represent and warrant that you have the right to use any credit card or other permitted payment method that you submit in connection with a Transaction. By submitting such information to us (including through the Service), you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges incurred by you or on your behalf through the Service, at the prices in effect when such charges are incurred, including all shipping and handling charges. Your receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. You must ensure that you have the necessary authority and permissions to enter into any Transaction or make a purchase of any Product.
Sales of Alcoholic Beverages. Company does not sell alcoholic beverages and is not licensed to sell alcoholic beverages. No sales of alcoholic beverages are made on this Site. All sales of alcoholic beverages marketed on this Site are made by licensed Sellers.
Sales Tax. All Transactions made using the Service shall be subject to state and local sales taxes which are applicable based on the delivery address provided by buyer. The sales tax applicable to the Transaction shall be indicated at check out and applied at the time of sale.
Restrictions. Company reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product for purchase; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. By making a Transaction, you represent that you are age twenty-one (21) or over and that the applicable Products will be used only in a lawful manner. You agree that you will not resell any Products obtained through a Transaction.
Support. Company will provide support related to the use of the Site and Service. Company may also provide support to you with respect to inquiries related to the Service, Product spoilage, receipt of damaged Products and other similar issues. Company may, at its discretion, redirect such inquiries to Seller as appropriate. The applicable Seller, and not Company, will be responsible for support related to such Seller’s Products, including order fulfillment, refunds and exchanges, and shipping.
Refunds & Exchanges. Refunds and exchanges will be subject to the applicable Seller’s refund and exchange policies and to any limit imposed on returns or exchanges of Products by applicable federal and state rules.
Sales and Shipping. Products purchased through the Service are shipped not by Company itself but by an applicable Seller or third party shipper acting at the direction of the applicable Seller. By law, wine may only be delivered to individuals who are age twenty-one (21) and over, and generally an adult signature is required. Please note that current laws may prohibit Sellers from shipping wine to certain states and the list of states that the Sellers ship to may change at any time.
Social Media Rules. Sip Wines enjoys engaging with our customers via our Social Media Sites, but you must adhere to the below rules whenever you post on Sip Wines’s Social Media Sites. You must be 21 or over to visit or post on Sip Wines’s Social Media Sites and any communications regarding products must not encourage or depict excessive consumption, underage drinking or misuse of our alcohol products. Sip Wines reserves the right (but not the obligation) to remove any posts or content for any reason, including those that violate the below rules or that Sip Wines deems offensive, inappropriate or unacceptable in its sole discretion, but we do not regularly review posted content. Sip Wines takes no responsibility for any content posted by you or any third party.
- Respect Others. Do not post any content that is derogatory, disparaging, promotes bigotry, is abusive or threatening, vulgar or obscene. Treat others fairly and with respect. Nudity and sexually explicit content is not permitted.
- Follow the Law. Illegal activity or discussions encouraging illegal activity will not be tolerated.
- Don’t Infringe. Do not use images or other items unless you have the right to – this means, don’t post photos, images, logos, songs, text or other content that you don’t own or have the right to use.
- Respect Privacy. Do not post or solicit anyone’s name, phone number, address, email address or other personal information. Don’t spam or transmit junk mail.
- 21+ Only. Do not post photos of, or otherwise feature or reference, any individual under the age of 21.
Rules of Conduct. In connection with the Service, you must not: (a) post, transmit or otherwise make available through or in connection with the Service any materials that are or may be (i) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (ii) defamatory, libelous, fraudulent or otherwise tortious; (iii) obscene, indecent, pornographic or otherwise objectionable; or (iv) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner; (b) post, transmit or otherwise make available through or in connection with the Service any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”); (c) use the Service for any purpose that is fraudulent or otherwise tortious or unlawful; (d) harvest or collect information about users of the Service; (e) interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Service; or violate any requirement, procedure or policy of such servers or networks; (f) restrict or inhibit any other person from using the Service; (g) reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Service except as expressly authorized herein, without Company’s express prior written consent; (h) reverse engineer, decompile or disassemble any portion of the Service, except where such restriction is expressly prohibited by applicable law; (i) remove any copyright, trademark or other proprietary rights notice from the Service; (j) frame or mirror any portion of the Service, or otherwise incorporate any portion of the Service into any product or service, without Company’s express prior written consent; (k) systematically download and store Service content; or (l) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Service content, or reproduce or circumvent the navigational structure or presentation of the Service, without Company’s express prior written consent. Notwithstanding the foregoing subsection (l), and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Service.
Registration; User Names and Passwords. You may need to register to use all or part of the Service. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Company, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Service account.
Profiles and Forums. You and other users (including Sellers) may make available certain images, text, and other materials and content (each, a “Submission”) through or in connection with the Service, including on profile pages or on the Service’s interactive services, such as message boards and other forums, and chatting, commenting and other messaging functionality. Company has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. If you choose to make any of your personally identifiable information publicly available through the Service, you do so at your own risk.
License. For clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes). In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Service or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Company under any fiduciary or other obligation. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
Monitoring. We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Service, or analyze your access to or use of the Service. We may disclose information regarding your access to and use of the Service, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
Company’s Proprietary Rights. We and our suppliers own the Service, which is protected by proprietary rights and laws. Our trade names, trademarks and/or service marks include “Sip Wines” and associated logos. All trade names, trademarks, and service marks on the Service not owned by us are the property of their respective owners. You may not use our trade names, trademarks, or service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting any right to use any trade names, trademarks, or service marks without the express prior written consent of the owner.
Third Party Materials; Links. Certain Service functionality may make available access to information, products, services and other materials made available by third parties, including Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials. We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement will be deemed to be a representation or warranty by Company with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or in part) through the Service at any time. In addition, the availability of any Third Party Materials through the Service does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
Your use of Third Party Materials is at your own risk and is subject to any additional terms and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).
Disclaimer of Company Warranties. To the fullest extent permitted under applicable law: (a) the Service and any Third Party Materials are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties of any kind, whether express, implied or statutory; and (b) Company disclaims all warranties with respect to the Service and any Products and Third Party Materials, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title. We do not sell or otherwise make available any Products and we do not buy or otherwise acquire any Products. We are not responsible or liable for any listings, Products, Transactions or other transfers involving Products, including the shipment or delivery of any Products or any payments for Products, or for any dispute between users relating to any listings, Products, or Transactions or other transfers involving Products. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, and representatives (collectively, the “Affiliated Entities”), and their respective successors and assigns.
While we try to maintain the timeliness, integrity and security of the Service, we do not guarantee that the Service is or will remain updated, complete, correct or secure, or that access to the Service will be uninterrupted. The Service may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Service. If you become aware of any such alteration, contact us at [email protected] with a description of such alteration and its location on the Service.
Limitation of Liability. To the fullest extent permitted under applicable law: (a) Company will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of security of Submissions (including unauthorized interception by third parties of any Submissions), even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, Company will not be liable for damages of any kind resulting from your use of or inability to use the Service or from any Products, Transactions or transfers involving products, or from any Third Party Materials, including from any Virus that may be transmitted in connection therewith, and including from any dispute with any other user of the Service (including Sellers); (c) your sole and exclusive remedy for dissatisfaction with the Service or any Third Party Materials is to stop using the Service; and (d) the maximum aggregate liability of Company for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, will be the greater of (i) the total amount, if any, of the amounts paid by you to Company to use the Service, and (ii) twenty-five U.S. Dollars ($25.00). All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and the Affiliated Entities, and their respective successors and assigns.
Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Company and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Service (including all Submissions); (b) any Products, listings for Products, Transactions or transfers involving Products, or disputes with other users of the Service (including Sellers); and (c) any violation or alleged violation of this Agreement by you.
Your Warranties to Us. You represent, warrant, and covenant that (a) you have the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted in this Agreement, and to perform your obligations under this Agreement; (b) any information that you provide in connection with the Service will be accurate and complete and will not be fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party; (c) you have the right to provide any information that you provide in connection with the Service, and you will maintain and update such information as needed; (d) you are not located in, or a resident or national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country, and you are not on any of the U.S. government lists of restricted end users; and (e) you will ascertain and comply with all applicable laws and regulations, including regarding the marketing, promotion, sale, purchase, shipment, delivery, receipt, possession, and use of any Product.
Termination. This Agreement is effective until terminated. Company may terminate or suspend your use of the Service at any time and without prior notice, for any or no reason. For clarity, in the event of termination, this Agreement will remain applicable to any orders placed on or through the Service that you have accepted prior to the effective date of termination. Upon any such termination or suspension, your right to use the Service will immediately cease, and Company may, without liability to you or any third party, immediately block your associated device(s) from accessing or using the Service, and deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 2–4 and 7–25 will survive any expiration or termination of this Agreement.
Governing Law; Arbitration. The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Company and you are each waiving the right to trial by a jury. Such disputes include disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters will be decided by an arbitrator and not by a court or judge. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
Filtering. As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Company does not endorse any of the products or services listed on such site.
Information or Complaints. If you have a question or complaint regarding the Service, please send an e-mail to [email protected] E-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Consumer Information Center of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Service infringe your copyright, you (or your agent) may send to Company a written notice by mail, e-mail or fax, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to DMCA Department, Sip Wines Inc. by e-mail to [email protected]
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports.
Miscellaneous. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement will be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated by reference herein, is the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Service or by e-mail (including in each case via links), or by regular mail. Without limitation of the foregoing, a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
Drink Responsibility. Company does not condone excessive or irresponsible alcohol consumption and is committed to promoting the responsible advertising of Products on its Site.
By using the Site and/or Service, you agree to be bound by the Terms and Conditions above. If you have any questions about these Terms and Conditions, please contact us at [email protected]
Service © 2021 Sip Wines Inc., unless otherwise noted. All rights reserved.